It is legal not to have every employee held to the same standards as the other with the same job title/duties?
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It is legal not to have every employee held to the same standards as the other with the same job title/duties?
I work for a company that requires us to use cell phones to punch in and out for shifts. These phones also track where we are in the field with GPS. This information is not always accurate and we are constantly being punished for “system errors”. Furthermore, there are a few employees that work in areas where the system does not work and they are not being tracked at all. Their time sheets are manually written and they are on the “honor system”.’
Asked on September 28, 2011 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfortunately employees do not all have to be treated the same (or even fairly). In an at will employment arrangement an employer has a great discretion in setting the terms and conditions of the workplace. Therefore the same standards need to apply to all, whether or not they have the same title and/or duties.
Exceptions to the above would be if this differing treatment is in violation of existing company policy or a union agreement or employment contract. Also, actionable discrimination must not be the reason for such treatment.
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